Evidence Law: Character Evidence and Rules Flashcards

Vocabulary flashcards covering character evidence rules, Mercy Rule, M.I.M.I.C. exceptions, habit/routine practice, Rape Shield (Rule 412), and Rules 413/414 based on the lecture notes.

Character Evidence

General opinion/reputation testimony on direct examination and awareness of specific acts on cross-examination.

Character as an Element (C.E.N.D.L.LP)

A rule allowing any type of evidence in, by either party, if character is an element of the charged crime (including child custody, entrapment, negligence, defamation, loss of consortium, lost wages, and pain and suffering), subject to Rule 403.

Conduct by Propensity Default Bar

The rule prohibiting the use of a person's character trait or prior acts to prove they acted in accordance with that conduct on a particular occasion, unless a party opens the door or the Mercy Rule applies in a criminal case.

Mercy Rule - Defendant's Trait

In criminal cases, if a defendant introduces character evidence about their own pertinent trait, the prosecutor can offer evidence that the defendant lacks that trait or holds the opposite trait.

Mercy Rule - Victim's Trait

In criminal cases, if a defendant introduces character evidence about the victim's pertinent trait, the prosecutor can offer evidence showing the victim lacks that trait/holds opposite trait, or that the defendant holds the same trait.

Mercy Rule - Homicide First Aggressor

In a homicide case, if the defendant brings any evidence alleging the victim was the first aggressor, the prosecutor can offer character evidence that the deceased victim was a peaceful person.

Mercy Rule Process

A procedure where the prosecutor cannot initiate (only respond) and must match the trait brought up. The defendant lays foundation and brings a character witness for general opinion/reputation, and the prosecutor crosses asking awareness of specific acts (no extrinsic evidence if denied) or brings a rebuttal character witness.

M.I.M.I.C.

An acronym for non-propensity purposes allowing prior bad acts character evidence: Motive, Intent, Mistake, Identity, and Common plan or scheme.

Doctrine of Chances

A concept under the Intent purpose of M.I.M.I.C. that uses an overall pattern of events to infer intent.

Modus Operandi

A signature method under the Identity purpose of M.I.M.I.C. where prior acts are so distinctive or unique that they serve as a signature to identify the person.

Habit / Routine Practice

A specific behavior that occurs in a distinctive situation on a regular basis, preferably with neutral morality (no moral overtones).

Rape Shield (Rule 412)

Default bar in civil or criminal cases involving sexual misconduct that prohibits using a victim's prior sexual acts or reputation as propensity evidence to protect the victim.

Rape Shield Criminal Exceptions

Exceptions in criminal cases under Rule 412 allowing prior sexual conduct if it suggests someone other than the defendant was responsible for physical evidence, or prior sexual encounters between victim and defendant to prove consent or offered by prosecution.

Reverse 403 (Civil Rape Shield Exception)

An exception in civil cases where the judge may admit evidence of prior sexual conduct or reputation if its probative value substantially outweighs (1) harm to any victim and (2) unfair prejudice to any party.

Rules 413 and 414

Rules permitting propensity evidence in civil or criminal cases where the defendant is charged with sexual assault (Rule 413) or child molestation (Rule 414), allowing evidence of prior sexual assault or prior child molestation subject only to Rule 403.